New York Doctor Charged With Falsely Certifying Physical Examinations For Commercial Drivers

A criminal complaint was unsealed this morning in Brooklyn federal court charging Gerald Surya, M.D., with falsely certifying physical examinations for commercial drivers.  Specifically, the complaint charges that Dr. Surya certified that he had examined applicants for commercial driver’s licenses (CDLs) and found them physically fit to drive heavy commercial vehicles when in fact he had not performed those examinations.  The defendant’s initial appearance is scheduled later today before United States Magistrate Judge Roanne L. Mann, at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York.

The charge was announced by Kelly T. Currie, Acting United States Attorney for the Eastern District of New York, and Douglas Shoemaker, Regional Special Agent-in-Charge, United States Department of Transportation-Office of Inspector General (USDOT-OIG).

As set forth in the complaint, drivers of certain commercial vehicles, such as school buses and heavy transportation trucks, must possess a CDL, issued by the New York State Department of Motor Vehicles (DMV), pursuant to regulations set forth by the United States Department of Transportation (USDOT).  Before obtaining a CDL, all applicants must pass written and road tests related to safely driving such large vehicles.  In addition, the applicants must be examined and certified fit to drive such vehicles by a physician or other qualified medical personnel authorized by the USDOT to conduct such examinations. Upon receipt of the certification, the applicant must file a copy with the DMV.  Further, on a monthly basis, USDOT certified medical examiners are required to electronically transmit to USDOT copies of certifications they have executed for CDL applicants.

As alleged in the complaint, Dr. Surya was authorized to conduct USDOT mandated medical examinations and certifications for CDL applicants and purportedly performed such examinations at his JFK Medport office, located at JFK airport in Queens, New York.  In fact, the applicants were not examined by Dr. Surya, but instead by other JFK Medport staff members who had little or no medical training and were not authorized to conduct the mandated medical examinations.   

“Dr. Surya’s conduct put at risk pedestrians as well as other drivers.  We are committed to aggressively investigating and prosecuting those who would commit crimes that compromise the safety of the public,” stated Acting United States Attorney Currie.  Mr. Currie extended his appreciation to the Federal Motor Carrier Safety Administration for its assistance.

“As evidenced by the arrest of Dr. Gerald Surya on charges related to unlawful medical examinations for applicants of Commercial Driver’s Licenses, ensuring safety on the nation’s roadways remains a high priority for the Office of Inspector General (OIG), the Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA),” said  DOT-OIG regional Special Agent-in-Charge Shoemaker.  “Working with our DOT, FMCSA, law enforcement and prosecutorial colleagues, we will continue our vigorous efforts to prevent, detect, and prosecute violations of laws and regulations, CDL and otherwise, designed to ensure the public’s safety.”

The charge in the complaint is merely an allegation, and the defendant is presumed innocent unless and until proven guilty.  If convicted, the defendant faces a maximum sentence of 15 years of imprisonment.

The government’s case is being prosecuted by the Office’s Public Integrity Section.  Assistant United States Attorney Michael H. Warren is in charge of the prosecution.  

The Defendant:

GERALD SURYA
Age: 45
Residence: New Hyde Park, New York

E.D.N.Y. Docket No. 14-M-853